Retirement Planning, Elder Law, and Senior Finance

9/6/2023 | By Joy Taylor

Q: Are there exceptions to the 10% penalty for taking early withdrawals from a 401(k) or IRA?

A: There are plenty of exceptions.

For example, early withdrawals from IRAs and 401(k)s by disaster victims are penalty-free on up to $22,000 per disaster. There is a time limit: The payout must generally be taken within 179 days of the date the disaster is declared. The deadline was June 27, 2023, for federally declared disasters that arose on Jan. 26, 2021, through Dec. 28, 2022.

IRAs and 401(k)s can be utilized to pay big medical expenses without penalty. The money must be used for medical costs of the taxpayer, spouse or dependent. The funds must cover costs paid in the year of the withdrawal. And only the amount of unreimbursed medical expenses that exceeds 7.5% of adjusted gross income counts.

Taking substantially equal payments from an IRA or 401(k) is a key penalty exception. Distributions must continue for the longer of five years or until the recipient hits 59½. Withdrawals must be based on the owner’s life expectancy or the joint life expectancy of the owner and named beneficiary. If you modify the annual payment amount, previous distributions taken from the account will be hit with the 10% penalty.

Among other 401(k) and IRA exceptions to the 10% penalty: Terminal illness, permanent disability or death of account owner. Some beneficiaries of deceased owners. IRS levy on retirement funds. People having a baby or adopting can take up to $5,000 penalty-free. Starting in 2024, up to $10,000 can be taken penalty-free by domestic abuse victims.

"early withdrawal" on blue folder and pens. For article on penalty-free early withdrawals

Early payouts from IRAs to help “first-time” home buyers are penalty-free. IRA owners who didn’t own a home in the prior two years can take out up to $10,000 to buy or build a main home or one for a spouse, kid, grandkid, parent or grandparent.

The same goes for early withdrawals from IRAs to pay for higher education, including college tuition, computers, books, and room and board for students enrolled at least half-time. There’s no dollar cap. To qualify for the exception, the early distribution must cover education costs for the IRA owner, spouse, child or grandkid that are paid in the year of the withdrawal.

The unemployed can use IRA funds to buy health insurance in some cases.

There’s also relief for workers who leave their jobs in the year they turn 55, or later. Their early 401(k) withdrawals escape penalties. The age is 50 for public safety officers.

Joy Taylor is editor of The Kiplinger Tax Letter. For more on this and similar money topics, visit Kiplinger.com.

©2023 The Kiplinger Washington Editors, Inc. Distributed by Tribune Content Agency, LLC.

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Joy Taylor

Joy Taylor is editor of The Kiplinger Tax Letter. For more on this and similar money topics, visit Kiplinger.com.